AN ACT Relating to Puget Sound water quality; amending RCW 90.70.900; adding new sections to chapter 90.70 RCW; repealing RCW 90.70.010, 90.70.020, 90.70.030, 90.70.040, and 90.70.050; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, composing an interdependent, sensitive communal ecosystem reside in these sheltered waters. Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics and other activities, all of which to some degree depend upon a clean and healthy marine resource.

The legislature further finds that the consequences of careless husbanding of this resource have been dramatically illustrated in inland waterways associated with older and more extensively developed areas of the nation. Recent reports concerning degradation of water quality within this region's urban embayments raise alarming possibilities of similar despoliation of Puget Sound and other state waterways. These examples emphasize that the costs of restoration of aquatic resources, where such restoration is possible, greatly exceed the costs of responsible preservation.

The legislature declares that utilization of the Puget Sound resource carries a custodial obligation for preserving it. The people of the state have the unique opportunity to preserve this gift of nature, an understanding of the results of inattentive stewardship, the technical knowledge needed for control of degradation, and the obligation to undertake such control.

The legislature further finds that the large number of governmental entities that now affect the water quality of Puget Sound have diverse interests and limited jurisdictions which cannot adequately address the cumulative, wide-ranging impacts which contribute to the degradation of Puget Sound. It is therefore the policy of the state of Washington to create a single entity with adequate resources to develop a comprehensive plan for water quality protection in Puget Sound to be implemented by existing state and local government agencies.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Authority" means the Puget Sound water quality authority.

(2) "Chair" means the presiding officer of the Puget Sound water quality authority.

(3) "Plan" means the Puget Sound water quality management plan.

NEW SECTION. Sec. 3. (1) There is established the Puget Sound water quality authority composed of seven members. The authority shall be composed of a chair, who shall be the presiding officer, and six members appointed by the governor and confirmed by the senate. In making these appointments, the governor shall seek to include representation of the variety of interested parties concerned about Puget Sound water quality. The commissioner of public lands and the director of ecology shall serve as ex officio, nonvoting members of the authority. The six appointed members, one from each of the six congressional districts surrounding Puget Sound, shall serve four-year terms and be selected for their qualifications to carry out the intent of this act. Of the initial members appointed to the authority, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms. Vacancies shall be filled by appointment for the remainder of the unexpired term of the position being vacated. The chair of the authority shall serve at the pleasure of the governor.

(2) The six members of the authority shall be compensated as provided in RCW 43.03.250, and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(3) The chair of the authority shall be a full time employee responsible for the administration of all functions of the authority, including hiring and terminating staff, contracting, budgeting, coordinating with the governor, the legislature, and other state and local entities, and the delegation of responsibilities as deemed appropriate. The chair shall be compensated as provided in RCW 43.03.040.

NEW SECTION. Sec. 4. The authority shall:

(1) Prepare and adopt a comprehensive Puget Sound water quality management plan, as defined in section 8 of this act. In preparing the plan and any substantial revisions to the plan, the authority shall consult with its advisory committee or committees and appropriate federal, state, and local agencies. The authority shall also solicit extensive participation by the public by whatever means it finds appropriate, including public hearings throughout communities bordering or near Puget Sound, dissemination of information through the news media, public notices, and mailing lists, and the organization of workshops, conferences, and seminars;

(2) During the plan's initial development and any subsequent revisions, submit periodic progress reports to the governor and the legislature.

(3) Submit the plan to the governor and the legislature no later than January 1, 1987. The authority shall review the plan at least every two years and revise the plan, as deemed appropriate;

(4) Prepare a biennial "state of the Sound" report and submit such report to the governor, the legislature, and the state agencies and local governments identified in the plan. Copies of the report shall be made available to the public. The report shall describe the current condition of water quality and related resources in Puget Sound and shall include:

(a) The status and condition of the resources of Puget Sound, including an assessment of the economic value of Puget Sound and the results of ecological monitoring;

(b) Current and foreseeable trends in water quality of Puget Sound and the management of its resources;

(c) Review of significant public and private activities affecting Puget Sound and an assessment of whether such activities are consistent with the plan; and

(d) Recommendations to the governor, the legislature, and appropriate state and local agencies for actions needed to remedy any deficiencies in current policies, plans, programs, or activities relating to the water quality of Puget Sound, and recommendations concerning changes necessary to protect and improve Puget Sound water quality; and

(4) Review the budgets and regulatory and enforcement activities of state agencies with responsibilities for water quality and related resources in Puget Sound.

NEW SECTION. Sec. 5. In order to carry out its responsibilities under this chapter, the authority may:

(1) Develop interim proposals and recommendations, before the plan is adopted, concerning the elements identified in section 8 of this act;

(2) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions for the purposes of this chapter;

(3) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of the authority. The authority may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

(4) Conduct studies and research relating to Puget Sound water quality;

(5) Obtain information relating to Puget Sound from other state and local agencies;

(6) Establish advisory committees which include representation from diverse interests involved with Puget Sound water quality;

(7) Conduct appropriate public hearings and otherwise seek to broadly disseminate information concerning Puget Sound;

(8) Receive funding from other public agencies;

(9) Prepare a biennial budget request for consideration by the governor and the legislature; and

(10) Adopt rules under chapter 34.04 RCW as it deems necessary for the purposes of this chapter.

NEW SECTION. Sec. 6. (1) The authority shall appoint one or more advisory committees to assist in the development of the plan. In making these appointments, the authority shall seek to include representation of all interested parties, including local governments, environmental and health agencies, tribal organizations, business, labor, citizens' groups such as environmental and public interest organizations, agricultural interests, recreational interests, and the fisheries and shellfish industries.

(2) The advisory committee or committees shall assist the authority to formulate policy goals and strategies, review the plan and make recommendations for its amendment to the authority, review the authority's reports, and review the authority's budget request proposals.

NEW SECTION. Sec. 7. (1) The chair shall hire staff for the authority. In so doing, the chair shall recognize the many continuing planning and research activities concerning Puget Sound water quality and shall seek to acquire competent and knowledgeable staff from state, federal, and local government agencies that are currently involved in these activities.

(2) As deemed appropriate, the chair shall request the state departments of ecology, community development, fisheries, game, natural resources, and social and health services to each assign on a full time basis, within sixty days of the appointment of the chair, at least one employee to the authority. The chair shall enter into an interagency agreement with agencies assigning employees to the authority. Such agreement shall provide for reimbursement, by the authority to the assigning agency, of all work-related expenditures associated with the assignment of the employees. During the term of their assignment, the chair shall have full authority and responsibility for the activities of these employees.

(3) The chair shall seek assignment of appropriate federal and local government employees under available means.

NEW SECTION. Sec. 8. The plan adopted by the authority shall be a positive document prescribing the needed actions for the maintenance and enhancement of Puget Sound water quality. The plan shall coordinate and incorporate existing planning and research efforts of state agencies and local governments related to Puget Sound, and shall avoid duplication of existing efforts. The plan shall include:

(1) A statement of the goals and objectives for long and short-term management of the water quality of Puget Sound;

(2) A concise description of the study area;

(3) A resource assessment which identifies critically sensitive areas, key characteristics, and other factors which lead to an understanding of Puget Sound as an ecosystem;

(4) Demographic information and assessment as relates to future water quality impacts on Puget Sound;

(5) An identification and legal analysis of all existing laws governing actions of government entities which may affect water quality management of Puget Sound, the interrelationships of those laws, and the effect of those laws on implementation of the provisions of the plan. (6) Review and assessment of existing criteria and guidelines for governmental activities affecting Puget Sound's resources, including shoreline resources, aquatic resources, associated watersheds, recreational resources and commercial resources;

(7) Identification of research needs and priorities;

(8) Recommendations for guidelines, standards, and timetables for protection and clean-up activities and the establishment of priorities for major clean-up investments and nonpoint source management;

(9) A procedure assuring local government initiated planning for Puget Sound water quality protection;

(10) Ways to better coordinate federal, state, and local planning and management activities affecting Puget Sound's water quality;

(11) Public involvement strategies, including household hazardous waste education, community clean-up efforts, and public participation in developing and implementing the plan;

(12) Recommendations on protecting, preserving and, where possible, restoring wetlands and wildlife habitat and shellfish beds throughout Puget Sound;

(13) Recommendations for a comprehensive water quality and sediment monitoring program;

(14) Analysis of current industrial pretreatment programs for toxic wastes, and procedures and enforcement measures needed to enhance them;

(15) Recommendations for a program of dredge spoil disposal, including interim measures for disposal and storage of dredge spoil material throughout Puget Sound;

(16) Definition of major public actions subject to review and comment by the authority because of a significant impact on Puget Sound water quality and related resources, and criteria for review thereof;

(17) Recommendations for implementation mechanisms to be used by state and local government agencies;

(18) Standards and procedures for reporting progress by state and local governments in the implementation of the plan;

(19) An analysis of resource requirements and funding mechanisms for updating of the plan and plan implementation; and

(20) Legislation needed to assure plan implementation.

The authority shall circulate and receive comments on drafts of the plan mandated herein, and keep a record of all relevant comments made at public hearings and in writing. These records should be made easily available to interested persons.

NEW SECTION. Sec. 9. (1) In conducting planning, regulatory, and appeals actions, the state agencies and local governments identified in the plan must evaluate, and incorporate as applicable, the provisions of the plan, including any guidelines, standards, and timetables contained in the plan.

(2) The authority shall review the progress of state agencies and local governments regarding the timely implementation of the plan. Where prescribed actions have not been accomplished in accordance with the plan, the responsible state agencies and local governments shall, at the request of the authority, submit written explanations for the shortfalls, together with their proposed remedies, to the authority.

The results of the review and a description of the actions necessary to comply with the plan shall be included in the biennial state of the Sound report.

(3) The state agencies and local governments identified in the plan shall review their activities biennially and document their consistency with the plan. They shall submit written reports or updates of their findings to the authority.

(4) The authority shall review the major actions affected by the plan being considered by the state agencies and local governments and shall comment in a timely manner regarding consistency with the plan and may participate in administrative and subsequent judicial proceedings with respect to such actions. Any deviations from the plan, identified by the authority, shall be transmitted in writing by the authority to the responsible state agency or local government.

Sec. 10. Section 6, chapter 243, Laws of 1983 and RCW 90.70.900 are each amended to read as follows:

The Puget Sound water quality authority shall cease to exist and this chapter shall expire on June 30, ((~~1987~~)) 1991.

NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 243, Laws of 1983 and RCW 90.70.010;

(2) Section 2, chapter 243, Laws of 1983 and RCW 90.70.020;

(3) Section 3, chapter 243, Laws of 1983 and RCW 90.70.030;

(4) Section 4, chapter 243, Laws of 1983 and RCW 90.70.040; and

(5) Section 5, chapter 243, Laws of 1983 and RCW 90.70.050.

NEW SECTION. Sec. 12. Sections 1 through 9 of this act are each added to chapter 90.70 RCW.

NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 14. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.